As a Lawyer, You Sent the Judge In?
Chapter 312: The presiding judge has the absolute right to interpret, right? Xiao Li
Chapter 312 The presiding judge has the absolute right to interpret, right? Xiao Li shakes people!
This time after the trial, the communication between Su Bai and the presiding judge Shen Yao was negative.
Why do you say that?
Because Su Bai and Shen Yao emphasized the rules of legal proceedings.
As the chief judge, the other party did not accept the move at all.
What I say makes sense and I have absolute jurisdiction, so you have to listen to my performance.
In court trials, criminal lawyers are actually on the weaker side.
Including the prosecutor.
Even Su Bai, as the top criminal lawyer in the country, has huge influence in terms of fame and public opinion.
Still not worth the words of the presiding judge at the trial.
It is because the presiding judge has the absolute right to judge on the bench.
Another point is, why do unjust, false, and wrongful convictions occur in criminal matters, or big mistakes are made?
Because under certain circumstances, the presiding judge can decide whether to admit your evidence.
If it is not accepted, then even if the evidence is correct and favorable to you, the presiding judge can give a reasonable explanation.
How else could there be such a famous saying - I have the right to interpret the law, and I can interpret it however I want?
To put it bluntly, in a court trial, the presiding judge can do a lot, within the scope of legal rights and interests, to cause a party to "suffer" a situation.
Why are crimes such as picking quarrels and provoking trouble called omnipotent crimes?
Because the chief judge said you are provoking quarrels and causing trouble, then you are provoking quarrels and provoking trouble.
Furthermore, in situations like this where people are seeking quarrels and provoking trouble, the presiding judge will generally not be involved in cases of wrongful judgment, because he can give reasonable explanations.
So in general.
Most criminal lawyers will propose a reduced sentence or explain at the trial in accordance with the views proposed by the presiding judge to reduce the punishment of their client.
It is to avoid the presiding judge appearing to be biased and to make judgments on cases in accordance with his statutory right of interpretation.
.
….
In this case, Su Bai, as Jiang Wei’s attorney, must protect Jiang Wei’s legal rights.
For Shen Yao, she directly ignored the intervention of the Supreme People's Procuratorate.
how to say.…
This situation does exist.
Because from a legal perspective, the Supreme People’s Procuratorate only conducts guidance cases.
The specific implementation is to carry out retrial procedures with the cooperation of the designated court and relevant departments.
Generally speaking, after the Supreme People’s Procuratorate intervenes, the court will judge the case based on the opinions of the Supreme People’s Procuratorate.
of course there are exceptions.
In a case like this, Shen Yao, as the presiding judge, must be aware of it.
In a statutory sense, Jiang Wei needs to be found not guilty and the case overturned.
But what is the current situation?
The current situation is that even though Shen Yao is clearly aware of the matter, she still has to postpone the trial.
Extremely unreasonable.
Out of the court, Jiang Wei blurted out for some reason: "Lawyer Su."
“It doesn’t matter whether the case is postponed or not.”
"It would be nice if you could return my innocence. I have been waiting for so many years and I don't care about waiting a little longer."
It can be seen that Jiang Wei is trying to relax himself, and Su Bai smiles and says:
"Do not worry.…"
“This case will not wait too long. Even if the trial is postponed, it will be heard again in a short time for judgment.”
"OK.…"
.
….
Seeing Jiang Wei nod, Su Bai asked Li Xuezhen to lead the way.
No matter what.
Let’s report it to the collegial panel first.
Whether it can be successful or not is one thing, whether to report it or not, but the attitude is here.
.
….
After the trial, there was intense discussion on the Internet about the verdict of this case.
The first was a debate on the point of application for recusal, but the collegial panel did not agree to recusal.
The second is Shen Yao’s remarks.
Shen Yao, as the presiding judge, stated the guilt and innocence at the trial and postponed the trial.
In the eyes of those in the legal circle who watched the live broadcast of the trial, it was completely nonsense!
This case is so clear and clear, can it still be involved in adjourning the trial?
Isn’t it just a matter of deliberately delaying the judgment?
Putting it on, it will take a long time and the heat will pass. What happens next?
Think about it, there’s something fishy going on behind the scenes.
So this court trial aroused strong emotions when watching the live broadcast of this trial.
After the trial, there were voices of doubt in the live broadcast rooms of various court officials who broadcast the trial verdict—
“I had already noticed this case when it was on the hot search list, and when the Supreme People’s Procuratorate intervened...”
“I think there is a high chance that this case will be overturned.”
“But I really didn’t expect such a result. What else can be done to postpone the trial?”
“I have seen many cases postponed before, and the subsequent results were all behind closed doors...”
“The Supreme People’s Procuratorate’s guidance on this lawsuit is that there is no objective factual basis and the case will be retried.”
“The prosecutor did not show strong evidence, so why was the trial postponed?”
“I don’t understand, but I won’t say much. I hope there are no other problems in this case, and I look forward to the official follow-up!”
“+1+1+1.…”
“The final result of this case is to postpone the trial, which is indeed a bit baffling.”
“I always feel that there are certain problems in applying for avoidance and postponement of processing.”
“But after all, this is the Provincial High Court! In this case... if there is a wrongful judgment, won’t the judicial system collapse?”
….”
There has been a huge public discussion about Jiang Wei's verdict.
It quickly became a hot issue.
.
….
Back to Bai Jun Law Firm.
Su Bai has submitted a report on this case.
Because the decision to postpone the trial is within the scope of the law.
This leaves Su Bai with no way to submit evidence of wrongful judgment. He can only submit a report first, but cannot submit it to supervision.
This made Li Xuezhen's little face a little angry.
“Lawyer Su...in this case, the presiding judge is obviously targeting us..."
“We can’t submit it for inspection anymore?”
“This is too unfair to us!”
“In terms of legal procedures for this case, the presiding judge has a very strong preference.”
“But from a legal point of view, it does not lead to a violation of the law.”
"But it doesn't matter...I have now reported the presiding judge's inaction."
“Just wait a little longer.”
Su Bai opened his mouth.
This case has caused such a big public opinion problem. If nothing else, the Provincial High Court will definitely pay attention to this issue.
but.…
In Jiang Wei's case, they still need to move around. At least shorten the time for adjourned court hearings and seek as many legal rights and interests as possible for your client.
“Ahem…”
Su Bai coughed twice and turned his head to look at Li Xuezhen, who was bulging with anger.
“Mr. Feng, do you know anyone from the Pingyuan Provincial High Court? People from the Provincial Inspection Bureau are also fine, but of course supervisors are better.”
“...Provincial Procuratorate and Supervision of the High Court, Lawyer Su, why do you suddenly ask this? This has already covered most of the judicial system, right?”
“It’s nothing, I’m just asking casually. Can you help me by asking Teacher Feng if he recognizes me... It will help our client quickly.”
"profound."
“Good lawyer Su.”
“Then let me ask…”
Li Xuezhen nodded seriously with a small face, and immediately dialed Feng Lijian's number as soon as she walked out of the office.
at the same time.
Feng Lijian raised his glasses at Southern France University with an angry expression on his face.
“How did the Vice President of the High Court of Pingyuan Province decide this case?”
“Obviously selfish!”
To be honest, it has been since the last time Su Bai came to Nandu to give a speech.
He has been paying attention to Su Baida's case.
Every time, I check the short video account of Bai Jun Law Firm to see what cases have been filed recently.
Go back to the live court trial website to watch the process, or check the judgment to understand the situation, which can be regarded as caring for your own students.
In the past, there were basically no problems with Su Bai’s lawsuits, but this case...
He is also considered a senior professor in the legal circle and has seen many lawsuits.
However, I still couldn’t help but complain about this case.
While Feng Lijian was complaining, he suddenly saw a call from Li Xuezhen and quickly answered it.
Happily he said: "Xue Zhen, what's the matter with calling me at this time?"
“Teacher... I would like to ask, do you have any classmates you know at Pingyuan Provincial High Court? Students you know from Pingyuan Provincial Provincial Procuratorate can also be... Supervision is better.”
“Pingyuan Province?”
This is a question about two of the three major departments of the Public Security Bureau and the Procuratorate.
“I really don’t know any classmates from Pingyuan Provincial High Court, but I remember that one of my seniors went to work as a supervisor…”
Supervision?
Li Xuezhen’s eyes lit up when she heard Feng Lijian mention the word supervision.
“It’s okay, teacher!”
Feng Lijian has learned about this case and watched the entire trial process.
Throughout the entire process, the vice-president made the decision that although he had selfish motives, he was sent away directly because he could not achieve the goal.
Although I don’t know how Li Xuezhen plans to handle this case.
However, Feng Lijian still contacted his senior student...
.
….
With the passage of time.
After several days of fermentation.
Jiang Wei’s case has become more and more popular.
Pingyuan Provincial High Court, in the Office of the Vice President.
Shen Yao received a call from the dean, and the dean’s accountability voice came from the other end of the phone.
“Jiang Wei’s case was handed over to you. How did you handle it?”
“Don’t you know how hot this case is?”
“I’ve watched the live replay of the trial. Did your judgment in the trial show you that you were angry with other people’s lawyers and wanted to deliberately deceive them?”
“Dean...I don’t. I feel that Jiang Wei cannot rule out suspicion in this case, so I postponed the trial.”
“Then tell me when the adjourned trial will begin?”
“Have you applied to the adjudication committee?”
"I haven't had time to tell the dean yet. I know this case well. I know when the trial will be held. I will continue to follow up on the prosecutor's side."
“Dean, don’t worry, I know how to proceed.”
There was an impatient voice on the other end of the phone.
“Okay, let’s not talk about this matter anymore! I don’t want to hear your explanation. You can ignore the subsequent progress of this case for the time being.”
“I will discuss with other members to replace the members of the collegial panel. Also, the court has received many letters of complaint from you regarding your judgment on this case, saying that you violated the law!”
“I know that you are deliberately angry about this case, but don’t you pay attention to the impact at all?”
“You should try your best to find out the situation of this case from the parties and their attorneys.”
“Do everything according to the evidence!”
“The subsequent impact of this case will be great. I heard that the supervisory department has paid attention to this case to see if there are other circumstances and whether there is any transfer of benefits.”
“See for yourself!”
Pop, the phone was hung up.
Shen Yao didn't say a word while listening to the dean's reprimand on the phone.
In other words, I want to speak but have no chance to speak.
As the vice-president of the Provincial High Court, the dean reprimanded herself on the phone because of such a case.
This is completely unreasonable!
Besides, her case was decided with reasonable basis.
Although he does have his own selfish motives, it cannot be said to be a violation of the law.
She did not make any judgment, but only rejected the application for recusal and decided to postpone the trial.
It is indeed inappropriate to postpone the trial, but no matter how loud the public opinion is, she at least stands with the dean.
There is no need for the dean to teach you such a lesson, right?
Just now the dean said that the case supervisor has also come forward.
Supervision comes forward? When did this case involve surveillance?
She has no interest transfer relationship with anyone, and there are no other problems in the judgment.
On the one hand, Su Bai insisted on protesting during the trial, which made her, the presiding judge, very embarrassed.
Furthermore, she wanted to see that Su Bai, as the top lawyer in the country, followed all legal procedures, and she wanted to see what the other party could do.
It is absolutely impossible to report successfully.
We are definitely not afraid of supervision. Even if relevant personnel come to investigate, it will only be in the form of interviews.
There is no other big deal.
The key now is the dean’s attitude towards himself.
The dean was very firm in his attitude and requested that the members of the collegial panel be replaced so that he would not be allowed to take over this case again.
What is this situation?
The more famous a lawyer is, the more complex the people involved are generally.
Is there someone behind this Su Bai? .
….
PS: Please give me a monthly ticket~
(End of this chapter)
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